Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23342 of 2019 Arising Out of PS. Case No.-591 Year-2018 Thana- BUXAR District- Buxar ====================================================== 1.

Ajay Yadav S/o Banwari Yadav @ Banvari Singh Resident of Mathiya More, Naya Bazar, P.S.- Buxar (Town), District- Buxar 2.

Ganesh Yadav S/o Banwari Yadav @ Banvari Singh Resident of Mathiya More, Naya Bazar, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Buxar (Town) P.S. Case No.591 of 2018 registered under Section 30(a) of Bihar Excise (Amendment) Act, 2016.

The accusation is that on receiving secret information about loading and unloading of Indian Made Foreign Liquor at Kimathiya More, Mandal Road, Buxar, the informant along with other police officials reached there and saw a Bolero vehicle in standing condition. On seeing the police party, some persons started to flee away but, on chase, one person was apprehended, who disclosed his name as Dharmendra Chaudhary. On search

Patna High Court CR. MISC. No.23342 of 2019(2) dt.11-04-2019 2/2 of the Bolero vehicle, 768 bottles, each containing 180 ml. Indian Made Foreign Liquor, were recovered. The aforesaid caught hold person Dharmendra Chaudahry disclosed the name of the petitioners as his associates.

Learned counsel appearing on behalf of the petitioners submits that the petitioners were not apprehended on the spot rather their name has been disclosed by the apprehended coaccused Dharmendra Chaudhary. The petitioners are in custody since 19.01.2019.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Buxar, in connection with Buxar (Town) P.S. Case No.591 of 2018, arising out of Ex-1591 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T